IN RE: IN THE MATTER OF THE APPLICATION OF THE NEW YORK TIMES COMPANY FOR ACCESS TO CERTAIN SEALED COURT RECORDS

Filing 16

ORDER approving the proposed redaction by the government relating to 1 MOTION MOTION FOR PUBLIC ACCESS TO CERTAIN SEALED COURT RECORDS filed by THE NEW YORK TIMES COMPANY. Signed by Chief Judge Royce C. Lamberth on 11/25/08. (Attachments: # 1 Return in 02mj458, # 2 Warrant in 02mj458, # 3 Return in 02mj459, # 4 Warrant in 02mj459, # 5 Warrant in 02mj460, # 6 Return in 02mj461, # 7 Warrant in 02mj461, # 8 Return in 02mj462, # 9 Warrant in 02mj462, # 10 Chegne Motion to Seal, # 11 Chegne Order to Seal, # 12 Hatfill Motion to Seal, # 13 Hatfill Order to Seal)(jeb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE MATTER OF THE SEARCH OF A

RESIDENCE A T -

1

WASHINGTON, DC, AND ASSOCIATED BASEMENT STORAGE ROOM, auld a
1994 CHAMPAGNE TOYOTA COROLLA bearing VIN located in WASHI'NC.TOS, 1l.C.

) ) ) ) ) )

Misc. No.

) ) ) )

UNDER SEAL

GOVERNMENT MOTION FOR AN ORDER TO SEAL SEARCH WARRANTS The United States of America, by and through the United States Attorney for the District of Columbi;s, respectfully moves this Honorable Court, for entry of an Order sealing the Search Warrants issued in the above-captioned matter, as well as the search warrant applications, the supporting affidavit signed by Special Agent Mark Morin, and sealing this Motion and this Court's Order sealing these matters, and in support thereof states as follows: Background The Court has granted the Government's application for a search warrant for an apartment and an automobile in the District of Columbia. The search warrants and supporting affidavit alleged violations of domestic terrorism or international terrorism as defined in 18

U.S.C. tj 233 1, and was issued by this Court in the District of Columbia because activities related
to the terrorism offense occurred in the District of Columbia. The affidavit in support of the search warrant described the mailing of several anthrax letters from Hamilton Township, New Jersey in September, 2001, and October, 2001, that killed five people and infected 17 others.

Two of the anthrax letters were mailed to congressional offices located within the District of Columbia and were delivered by mail to locations within to the District of Columbia, causing the death of two postal workers within the District of Columbia. The current search warrants relate to an apartment a -t and an automobile registered to that same address. The affidavits in support of each search warrant relies in part upon information The investigation is ongoing, and release of the search warrrint to the public or providing the text of the affidavit to Mr. Hatfill could

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jeopardize the ability of federal authorities to proceed with this investigation. Moreover, the affidavit in support of the search warrants sets forth certain information as to why Steven Hatfill is a person of interest to the Grand Jury's and FBI's investigation of the terrorist anthrax mailings. There are and have been other persons situated similarly to him as persons of investigative interest. It is premature, however, to characterize Mr. Hatfill's status as being a target, subject, or even a suspect. Disclosure of this application, however, would undoubtedly lead to widespread perception to the contrary. The adverse consequences to Mr. Hatfill (and t o are obvious. Accordingly, the government respectfully

requests that this application and any resulting order be maintained under seal. Authority This court has the inherent power to seal affidavits in support of search warrants to protect an ongoing investigation and confidential witnesses. State of Arizona v, Mawemy, 672 F.2d 761, 765 (9th Cir.); Matter of Sealed Affidavit(s) to Search Warrants, 600 F.2d 1256 (9th

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Cir. 1979). See also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975); United States v. Hubbard, 650 F.2d 293 (I3.C. Cir. 1980); Washington Post v. Robinson, 935 F.2d 282,290 (D.C. Cir. 1991);

In re B r a u g h a , 520 F.2d 765, 766 (9th Cir. 1975).
WHEREFORE, the United States of America prays that this Honorable Court issue an Order sealing the Search Warrant issued in the above-captioned matter, as well as the search warrant application, the supporting affidavit signed by Special Agent Mark Morin, and sealing this Motion and this Court's Order sealing these matters until further order of this Court. Respecthlly submitted, ROSCOE C. HOWARD, JR. United States Attorney By: KENNETH C. KOHL Assistant U.S. Attorney D.C. Bar # 476236 United States Attorney's Office TransnationaVMajor Crimes Section 555 Fourth Street, N.W., 5th Floor Washington, D.C. 20001 (202) 6 16-2 139